Driver training consists of theoretical and practical instruction. It is conducted on the basis of a written training contract.
Instruction is provided in accordance with the applicable legal provisions and the regulations based on them, in particular the Driving School Training Ordinance. In addition, the following conditions apply and form part of the training contract.
Training ends upon passing the driving test, and in any case one year after conclusion of the training contract. If the training relationship continues after termination, the driving school’s fees applicable at the time of continuation, as stated in the price list pursuant to § 32 FahrlG, shall apply. The driving school will inform the student accordingly.
If, after conclusion of the training contract, it becomes apparent that the student does not meet the necessary physical or mental requirements to obtain a driving license, Section 6 shall apply with regard to the driving school’s services.
The fees agreed upon in the training contract must correspond to those displayed in the driving school. Prices (for driving lessons) may be changed with prior notice.
If the student is unable to attend a scheduled driving lesson, the driving school or instructor must be informed immediately. If a lesson is not canceled at least one working day (24 hours) in advance, the driving school is entitled to charge a cancellation fee equal to the lesson fee. The student may prove that no damage or significantly less damage has occurred.
The fee for test presentation covers the theoretical and practical test arrangements, including the test drive. In the case of repeat tests, the agreed fee will be charged again.
Unless otherwise agreed, the basic fee is due upon conclusion of the training contract, the driving lesson fee before the lesson begins, and the test presentation fee together with any administrative and examination fees at least three working days before the test.
If payment is not made when due, the driving school may refuse to continue the training and to register or present the student for the test until all outstanding amounts have been settled.
Fees for any additional theoretical training required must be paid before the start of such training.
The training contract may be terminated at any time by either the student or the driving school.
A valid reason for termination exists in particular if the student:
Termination of the training contract is only effective if made in text form.
If the training contract is terminated, the driving school is entitled to payment for the driving lessons already provided and any test presentation carried out.
If the driving school terminates the contract for a valid reason or the student terminates it without being caused by a breach of contract by the driving school, the driving school is entitled to the full basic fee if termination occurs after contract conclusion.
The driving school, instructor, and student must ensure that scheduled driving lessons start on time. Lessons generally begin and end at the driving school. If, at the student’s request, a different location is agreed, the travel time will be charged at the lesson rate. If the instructor is responsible for a delayed start or interrupts the lesson, the lost time must be made up or credited.
If the instructor is more than 15 minutes late, the student is not required to wait any longer. If the student is responsible for a delayed start, the lost time is at their expense. If the student is more than 15 minutes late, the instructor is not required to wait, and the lesson is considered canceled (see Section 3).
The student will be excluded from instruction:
In such cases, the student must pay the full lesson fee as compensation. The student may prove that no or significantly less damage has occurred.
The student is obliged to handle training vehicles, teaching models, and other instructional materials with care.
Training vehicles may only be operated under the supervision of the instructor. Violations may result in legal prosecution and liability for damages.
If communication between student and instructor is lost during motorcycle training or testing, the student must stop immediately at a suitable location, switch off the engine, and wait for the instructor. If necessary, the driving school must be informed. When leaving the vehicle, it must be properly secured against unauthorized use.
The driving school may only complete the training once it is convinced that the student has the necessary knowledge and skills to operate a motor vehicle (§ 16 FahrlG). The instructor decides on completion at their professional discretion (§ 6 FahrschAusbO).
Registration for the driving test requires the student’s consent and is binding for both parties. If the student fails to appear for the test, they are obliged to pay the test presentation fee and any incurred or advanced fees.
If the student has no general place of jurisdiction within Germany or relocates their residence abroad after contract conclusion, or if their place of residence is unknown at the time legal action is initiated, the registered office of the driving school shall be the place of jurisdiction.
